new york penal code 265 26 burn injury and wounds to be reported

New York Penal Code 265.26 requires the reporting of certain burn injuries and wounds to law enforcement within 72 hours. This law was enacted to help authorities investigate crimes involving firearms and explosives. However, some view it as overly broad and burdensome. This article will examine the specifics of the law, its background and purpose, arguments for and against it, penalties for violation, and tips for compliance.

What the Law Says

Penal Code 265.26 states that any case of a burn injury or wound where the victim sustained second or third degree burns to 5% or more of the body, or any burns to the upper respiratory tract or laryngeal edema due to the inhalation of superheated air, must be reported to law enforcement within 72 hours
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The report must be made to the office of the sheriff of the county where the burn injury occurred or to the police department of the municipality in which the burn injury occurred. The report must state the name of the injured person, their address, sex, age, and the extent and location of the burns on their body
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Background and Purpose

This statute was enacted in 2000 as part of the comprehensive “Westchester County Firearm Violence Prevention Act.” The goal was to give law enforcement a tool to investigate crimes involving firearms and explosives. The rationale was that certain burn injuries are indicative of the use of these weapons
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For example, a gunshot wound from close range may cause powder burns around the entry wound. Certain burns could also result from home explosive devices or arson. Authorities believed requiring burn injuries to be reported would help them identify crimes involving firearms and explosives that might otherwise go undetected
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Legal Scenario: What Would You Do?

Scenario

A nurse at a Brooklyn urgent care clinic treated a patient with severe chemical burns on both hands, but wasn't sure whether the injuries fell under the mandatory reporting requirements. Three days later, she learned that police were investigating an arson case in the same neighborhood and worried she may have failed to report the injuries in time.

Could I face criminal charges for not reporting my patient's burn injuries to the police within 72 hours under New York Penal Code 265.26?

Attorney's Answer

Under New York Penal Code § 265.26, physicians, nurses, and other medical professionals who treat burn injuries or wounds caused by firearms, explosives, or other weapons are required to report those cases to law enforcement within 72 hours. Failure to comply with this reporting obligation can result in criminal penalties, as the statute was specifically designed to aid in the investigation of violent crimes. However, the law applies to injuries that a reasonable medical professional would recognize as potentially resulting from criminal activity, so the specific circumstances of your patient's chemical burns would need to be evaluated. You should consult with a criminal defense attorney immediately to assess your exposure and, if appropriate, file a late report to demonstrate good faith compliance.

This is general information only. Contact us for advice specific to your situation.

Pros and Cons of the Law